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合法性审查作为重大行政决策的法定程序,是党在推进法治政府建设方面的突出亮点之一。随着全面推进依法治国战略的实施,其必将成为我国政府依法行政的重要举措。在当前的行政法治背景下,如何构建与完善合法性审查的具体制度,防止公权力的恣意、违法行使,发挥其应有的作用,已成为学界亟待解决的重要问题。基于此,本文从重大行政决策合法性审查的概念、存在问题以及完善建议等方面深化对该问题的研究。
As a statutory procedure for making major administrative decisions, legality review is one of the outstanding highlights of the party in promoting the construction of a government ruled by law. With the full implementation of the strategy of governing the country according to law, it will surely become an important measure taken by our government in administering the country according to law. Under the current background of administrative law and the rule of law, how to construct and improve the concrete system of legality examination to prevent the public power from exercising arbitrary and illegally and to exert its due role has become an important issue urgently needed to be solved in academia. Based on this, this article deepens the study of the issue from the aspects of the concept of the legality review of major administrative decisions, existing problems and suggestions for improvement.